Momenta, Sandoz allowed to broaden claims over quality test patent
A federal judge has allowed Momenta Pharmaceuticals and Sandoz Inc to broaden a lawsuit accusing Amphastar Pharmaceuticals of infringing a patent on quality control methods used in making the blood thinner enoxaparin, the generic form of French drug maker Sanofi's Lovenox.
U.S. District Judge Nathaniel Gorton in Massachusetts said Tuesday that Momenta and Sandoz could add new infringement allegations to their complaint in light of a ruling last November by the U.S. Court of Appeals for the Federal Circuit that California-based Amphastar is not protected by a safe harbor provision in the patent law.
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